Rule 139. Each party to the conflict must respect and ensure respect for international humanitarian law by its armed forces and other persons or groups acting in fact on its instructions, or under its direction or control.

Practice

Volume II, Chapter 40, Section A.

Summary

State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts. The term armed forces, as used in the formulation of this rule, must be understood in its generic meaning.

States

The obligation of States to respect international humanitarian law is part of their general obligation to respect international law. This obligation is spelled out in the 1929 and 1949 Geneva Conventions. Common Article 1 of the 1949 Geneva Conventions, however, has enlarged the formulation of this requirement to incorporate an obligation to ensure respect for international humanitarian law. This obligation to respect and ensure respect is also found in Additional Protocol I.

The obligation to respect and ensure respect for international humanitarian law is found in numerous military manuals. It is supported by the practice of international organisations and international conferences. There is also international case-law in support of this rule.

A State's obligation pursuant to this rule is not limited to ensuring respect for international humanitarian law by its own armed forces but extends to ensuring respect by other persons or groups acting in fact on its instructions, or under its direction or control.